Russia refused to nationalize foreign states
A group of United Russia deputies took part in the State Duma, which allows resolving the issue of the hopelessness of foreign states that have suspended or stopped working in Russia after February 24, 2022. There is no question of nationalization: in the most extreme case, after many months of external management of the business, a new investor will be found or the state will buy it out at the lowest price.
At the beginning of March, in a study by United Russia, foreigners threatened the discovery of a company that had suspended work in Russia with nationalization. And the Ministry of Economic Development at the same time arrived for consideration on the appointment of the “Risk Management External Action”: he was preparing to make a contribution to the State Duma, but for some reason he did not do so and did not achieve it. The one that has been introduced now is with the same name and in places verbatim with a later speech. Four deputies from ER who were not previously registered in the interests of corporate law were appointed authors: Anatoly Vyborny and Mikhail Starshinov from the group on safety and counteracting the disease, Viktor Vodolatsky from the group on combating the coronavirus of the CIS and Oleg Matveychev from the group for collecting data on verification.
At the initiative of the governor to issue a proposal of the Interdepartmental Commission under the Ministry of Economic Development, an initiative for a special profile department or the governor by a court decision of a planned withdrawal from the Russian market or temporary non-use of foreign companies. Those that are 25% carried by foreigners from states included by the Ministry of Foreign Affairs in the list of “unfriendly” (it contains 48 countries, including the United States, all members of the member, Taiwan, Singapore, Japan and the United Kingdom) come into view. The Russians are the owners of the shares, even if they own them through the structures registered in the above structures, it does not count.
Such companies should still have “existing importance for a stable economy and sustainable turnover, protection of the rights and legitimate interests of citizens in the Russian Federation or in the subject.” From the point of view of the authors of the initiative, these are producers of socially significant and valuable goods, including those with regulated prices for goods; natural monopolies; the only likely products or exclusive manufacturers of products, unclaimed food products; city-forming enterprises; and finally, a company whose closure may seem like a man-made or environmental disaster, to destabilization, unjustified recognition of retail prices for socially significant goods and services. However, in accordance with the requirements of the Ministry of Economic Development, an “existing value” will be identified and a company that does not fall under the listed signs …
Then the diagram looks like this. On behalf of the commission, the Federal Tax Service applies to the Moscow Arbitration Court, and as a result, a decision is made on the entry into this company of external management. The appointment of an administration “from the outside” (from the state-owned Vnesheconombank, perhaps) is permissible if the former leadership left the country after February 24 and manage the business everywhere. Or if after February 24 it publicly announced the consumption of work in Russia, terminated the contract with contractors and warned more than a third of employees about the structure. Or if the company has suspended operations or significantly increased the volume of production and sales of products …
The emergence of foreign policy management can occur not only through the transfer to the chair of the head of the trial in relation to a person. It is also allowed to transfer to foreigners in trust management their share in the business and the right to manage them, remaining owners.
External administrative review for up to 18 months with the possibility of extension for the same amount. But everything can end and start earlier, which have become the basis for external management, will disappear, or the previous owner will mature in order to sell everything, or it is clear that the business is not a tenant and bankruptcy awaits it. If there are no buyers, the state will buy it “at an estimated price.” During the year, do not fire many third employees and continue working.
“We will provide an opportunity for foreign investors to “not cut with investors” the profitable business that they have built in our country,” said one of the authors, Mr. Vyborny. While acknowledging that the proposed measures were “extreme”, he justified their defense of the security interests of Russia’s interests and the rights of citizens. “External management will not be introduced in all foreign companies (suspended or stopped working. -“ MK ”), but only in those without any unused expenses,” says another author, Mr. Matveychev.
According to “MK”, the protocol of coordination is taken into account. Oleg Zaitsev, Chairman of the Banking Club of Lawyers-Analysts, considers the current version “more flexible” than the proposed one: the option of transferring shares to trust management, which did not exist before, has appeared, and the term of external management has been extended from 6 months to 18 months. “We see public opinion, which cannot but rejoice,” he said in a conversation with MK. At the same time, according to the lawyer, “the essence remains the same – this is not nationalization, but an alternative in the mechanism for checking the performance of a business, in extreme cases – selling it.”
Asked if the proposed mechanism to preserve production and jobs will help, as the situation remains unprecedented and increasingly exciting, Mr. Zaitsev replied: “I share the concerns of those who believe that this may not work, but the chance what works, is still there.
Newspaper headline:
Will McDonald’s go under external control?